SB 216                                     First Engrossed (ntc)
       
       
       
       
       
       
       
       
       2009216e1
       
    1                        A bill to be entitled                      
    2         An act relating to campaign financing; creating s.
    3         106.113, F.S.; defining the terms “local government”
    4         and “public funds”; prohibiting a local government
    5         from expending, and a person or group from accepting,
    6         public funds for a political advertisement or
    7         electioneering communication concerning an issue,
    8         referendum, or amendment that is subject to the vote
    9         of the electors; providing an exception for certain
   10         electioneering communications; clarifying restrictions
   11         with respect to local officials; providing an
   12         effective date.
   13  
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. Section 106.113, Florida Statutes, is created to
   17  read:
   18         106.113 Expenditures by local governments.—
   19         (1) As used in this section, the term:
   20         (a) “Local government” means:
   21         1. A county, municipality, school district, or other
   22  political subdivision in this state; and
   23         2. Any department, agency, board, bureau, district,
   24  commission, authority, or similar body of a county,
   25  municipality, school district, or other political subdivision of
   26  this state.
   27         (b) “Public funds” means all moneys under the jurisdiction
   28  or control of the local government.
   29         (2) A local government or a person acting on behalf of
   30  local government may not expend or authorize the expenditure of,
   31  and a person or group may not accept, public funds for a
   32  political advertisement or electioneering communication
   33  concerning an issue, referendum, or amendment, including any
   34  state question, that is subject to a vote of the electors. This
   35  subsection does not apply to an electioneering communication
   36  from a local government or a person acting on behalf of a local
   37  government which is limited to factual information.
   38         (3) With the exception of the prohibitions specified in
   39  subsection (2), this section does not preclude an elected
   40  official of the local government from expressing an opinion on
   41  any issue at any time.
   42         Section 2. This act shall take effect July 1, 2009.